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gpluss

k1 visa question

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Filed: K-1 Visa Country: Canada
Timeline

Hi

Does anyone know if there is a deadline to send in K3 package. I recently got package 3. Due to some situation, we would like to delay the interview process. Would it be possible to wait for 1.5 yr to send in package 3 and request an interview date.

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Filed: K-1 Visa Country: Vietnam
Timeline

Hi

Does anyone know if there is a deadline to send in K3 package. I recently got package 3. Due to some situation, we would like to delay the interview process. Would it be possible to wait for 1.5 yr to send in package 3 and request an interview date.

Are you talking about the response to packet 3? This is confusing because your profile says K1, and a K3 is a completely different kind of visa.

The approval of the petition has a 4 month validity before it expires. The consulate will usually extend the validity if they receive correspondence from the beneficiary indicating that they intend to pursue the visa. The consulate can extend the validity of the petition approval for a maximum of one year. If you don't apply for the visa within one year of the petition approval then they'll consider the petition abandoned.

The Foreign Affairs Manual instructs the consulate to send packet 3 to the beneficiary as soon as the approved petition has been received from NVC. If the consulate doesn't receive a response before the 4 month validity has expired then the consulate is supposed to extend the validity and send a second letter, this time requesting a response within 60 days. If they don't receive a response within 60 days then they'll consider the petition abandoned. They'll hold the petition at the consulate for one year, and then the petition will be destroyed. This is in section 41.81 N6.1 of the Foreign Affairs Manual.

The bottom line is that you must respond or the petition will be considered abandoned. You can keep it active for up to a year as long as you communicate with the consulate.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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